Bowers v. Huntington Bank
Court of Appeals of Kentucky
Case 48 — PETITION EQUITY APPEAL PROM HICKMAN COURT OF COMMON PLEAS. 1. No act of the debtor not specifically attacked by the petition can be declared to operate as an assignment under the statute. (Wintersmith & Young v. Pointer & Conway, 2 Met., 460; Fuqua v. Ferrell, 80 Ky., 69.) 2. To render an act of the debtor a violation of the act of 1856, it must appear that it was done not only in contemplation of insolvency, but also with the design to prefer creditors.
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Case 48 — PETITION EQUITY APPEAL PROM HICKMAN COURT OF COMMON PLEAS. 1. No act of the debtor not specifically attacked by the petition can be declared to operate as an assignment under the statute. (Wintersmith & Young v. Pointer & Conway, 2 Met., 460; Fuqua v. Ferrell, 80 Ky., 69.) 2. To render an act of the debtor a violation of the act of 1856, it must appear that it was done not only in contemplation of insolvency, but also with the design to prefer creditors. (Thompson v. Heffner’s Ex’ors, 11 Bush, 360; Millett v. Pottinger, 4 Met., 213; Whitehead v. Woodruff, 11 Bush, 209; Savings Bank…
1Opinion of the Court
JUDGE GRACE
delivered the opinion of the court.
This is an. appeal by the Fulton Bank and sundry other parties, defendants in the court below, wherein a judgment was rendered in favor of the Huntington Bank and the First National. Bank of . Mayfield, setting aside divers and sundry conveyances, assignments and transfers, made by J. E. Bowers, Bowers & Boone, and by C. T. Bowers, to appellants and others, on the ground that they were severally made in contemplation of insolvency, and with a view to prefer certain creditors named in the petition. The judgment recites specifically the several…
2Cases cited3 opinions
- Wintersmith & Young v. Pointer & ConwayCourt of Appeals of Kentucky · 1859
- Heidrich & Co. v. SilvaCourt of Appeals of Kentucky · 1890
- Vinson, Goble & Prichard v. McAlpin & Co.Court of Appeals of Kentucky · 1888
3Cited by3 opinions
- Farmers' Bank & Trust Co. v. PetersCourt of Appeals of Kentucky (pre-1976) · 1928
- Gugenheim v. WatkinsCourt of Appeals of Kentucky · 1916
- Louisville & Nashville R. R. v. CommonwealthCourt of Appeals of Kentucky · 1898